Explore The NRA Universe Of Websites

APPEARS IN News

The Judiciary’s Role in Fundamental Transformation

Monday, December 1, 2014

The Judiciary’s Role in Fundamental Transformation

On Nov. 21, 2013, on a near party-line vote, the Democratic-controlled United States Senate eliminated the possibility of a filibuster on confirmation votes for many federal appointments. The new rule allows nominations for most executive positions and all lower court federal judgeships to move forward in the Senate with a simple majority vote rather than the 60 votes needed to end a filibustered nomination. Although he opposed an identical proposal to change the Senate rules in 2005, President Obama was quick to take advantage of the new rule, now that it could be used to his benefit. In a little more than a year since this rule change, its effect on the federal judiciary has been significant. Nine of the 13 federal courts of appeal now have a majority of judges who were appointed by anti-gun presidents.

While a president’s party affiliation is not necessarily determinative of how his judicial appointees will decide cases, Jimmy Carter, Bill Clinton and Barack Obama were behind all the Democrat appointments of currently active federal judges. These presidents are no friends of the Second Amendment, and Clinton and Obama in particular adamantly pursue gun control. To assume this agenda wouldn’t influence their judicial appointments is dangerously naïve.

Many gun owners understand the importance of appointing Supreme Court justices who will faithfully interpret the Constitution, but the importance of lower court appointments, especially to the federal circuit courts of appeal, is often overlooked. Because of the sheer number of federal cases, lower court decisions often set the tone of constitutional debates and establish the rules under which people live for years. Lower federal courts have decided cases on important issues from whether the right to bear arms applies outside the home to the scope of protections provided by federal interstate transportation of firearm laws. The total list of gun-law issues currently pending before lower courts is too long to list here, but these examples illustrate the importance of keeping anti-gun partisans off the bench.

The Supreme Court itself illustrates how a president’s viewpoint can resonate through his judicial picks. In 2010, Justice Sonia Sotomayor joined the dissent in the landmark McDonald case, arguing that there is no constitutional right to own a firearm. And earlier this year, Justice Elena Kagan wrote an opinion affirming the conviction of a former police officer for buying a firearm for his uncle, even though both men successfully passed background checks before receiving the firearm. Opinions such as these from the high court only serve to embolden anti-gun judges throughout the federal judiciary.

Federal judges often serve as a legacy for the presidents who appoint them and the senators who confirm them. A federal judgeship is essentially an appointment for life, subject only to impeachment by Congress. Judges often remain on the bench for decades after the presidents who appointed them have left office. As an example of how long this can be, several judges who were appointed by President Kennedy remain in the federal judiciary on senior status (i.e., in a semi-retired role). These judges illustrate that it’s entirely possible for a president to have an impact on the legal landscape for more than a half-century.

As Sen. Charles E. Schumer, D-N.Y., told the New York Times earlier this year, the filling of judicial vacancies “will affect America for a generation, long after the internecine battles on legislative issues are forgotten.” One of those “internecine battles” that Schumer was likely referring to was his failed attempt to pass a number of expansive gun control measures out of the Senate last year. He clearly sees the recent spike in appointments—thanks largely to the elimination of the filibuster he supported—as a backdoor opportunity to shape our nation’s gun laws in a way that he has been unable to accomplish through legislation. Anti-gun Sen. Richard Blumenthal, D-Conn., went even further, commenting on “the need to have people there that are of an ideological like mind.”

The midterm elections have now been decided, but the struggle for freedom continues. The appointment of judges can, as much as anything, contribute to President Obama’s stated goal of “fundamentally transforming the United States of America.”  This is yet another reason gun owners must stay informed, alert and involved. Now, more than ever, your NRA is here to help you understand where the battle for freedom will be joined.

IN THIS ARTICLE
Chris W. Cox
TRENDING NOW
Washington: Ammo Tax Added to Tuesday’s Onslaught of Anti-Gun Bills

Saturday, January 18, 2025

Washington: Ammo Tax Added to Tuesday’s Onslaught of Anti-Gun Bills

This coming Tuesday is going to be a critical day for law-abiding gun owners across Washington, with three separate hearings scheduled to review anti-gun legislation. 

Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

News  

Monday, January 13, 2025

Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

On Friday, Gun Owners of America published an email reportedly received by one of its members in response to a question to ATF about whether adding a brace to a CZ Scorpion pistol would convert ...

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

Colorado: Semi-Auto Ban Introduced on First Day of Session

Thursday, January 9, 2025

Colorado: Semi-Auto Ban Introduced on First Day of Session

Without skipping a beat, anti-gun legislators in Colorado have introduced a near all-encompassing ban on semi-automatic firearms on the first day of the legislative session.

Washington: The Expedited Assault on Your Rights Continues! Hearings Scheduled for Tuesday!

Friday, January 17, 2025

Washington: The Expedited Assault on Your Rights Continues! Hearings Scheduled for Tuesday!

In just the second week of the session, the Washington State legislature continues their assault on your right to keep and bear arms. 

Washington: 2025 Legislative Session Convenes, Gun Control Bills Pre-Filed

Monday, January 13, 2025

Washington: 2025 Legislative Session Convenes, Gun Control Bills Pre-Filed

Today, January 13th, the Washington Legislature convened for the 2025 session. 

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Wednesday, January 8, 2025

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Last night, HB 4144 passed the Illinois House by a vote of 80-33 in the final hours of the General Assembly’s lame duck session. It now goes to the Governor for his signature.

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

Illinois: 2025 Legislative Session Is Now Underway!

Thursday, January 9, 2025

Illinois: 2025 Legislative Session Is Now Underway!

Yesterday, January 8th, the Illinois General Assembly began its 2024-2025 legislative session. Gun owners and sportsmen throughout the state must stay actively involved to defend freedom.

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

News  

Monday, January 13, 2025

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Last Monday, the U.S. Court of Appeals for the Fifth Circuit – which encompasses Louisiana, Mississippi, and Texas – reversed the conviction of a man under a federal law that prohibits firearm possession by one ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.